St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-04-08
RACES AT STATE FAIRS.

RACES AT STATE FAIRS.
The Judges of the supreme Court
Differ as to the Rules Under
which They are Heid..1Tr. Far.
rier,s Case.- G General Court DOings.
The supreme court judges yesterday gave
out an opinion in a case which, from the
principles involved, is of good deal of in
terest. 1t was in the case of George w.
Farrier against the State Agricultural
society, to recover the amount Of entrance
money for the races at the state fair year
ago last September. When the time came
for a portion of the races, in which Mr..
Farrier had entered his horse, it rained,
and the managers Of the society, on finding
that the track was not in condition
during the week, postponed the races until
the following week, fixing the date. This
action was taken, it was claimed, under a
rule of the National Trotting association,
of which the society was a member.
The rule provides, that in case
of bad weather, the association
shall have power to postpone the
races until the next fair day and good track.
The agricultural society has rule of its
own, No. 6, which says that if owing to
rain the races are not finished by Saturday
night the society has the right to declare all
races off and return the entrance money.
In this case the races were set for Sept. ii
and 10, and Mr. Farrier was notified. He
declined to let his horses start and de-
manded return OF his entrance money,
which was refused. He brought suit to re-
cover it and the lower court sustained his
action. An appeal was taken by the man
ayers of the State Agricultural society to
the supreme court. There is difference
of opinion among the five judges of this
court as to the case. Judges Vanderburgh
and Mitchell hold that the races are part
of the state fair, and that according to the
rules OF the Agricultural society no post
ponement beyond the time i'll which the
fair is advertised to be held is provided for.
The officers, these two judges think, have
no authority to extend the time which ex-
hibitS in any department shall be held
there, and the races they class as one of
the departments. Judges Berry, Gillian
and Dickinson, Oh the other hand, hold
that Mr.. Farrier was bound by the rules of
the National association, as a part Of the
contract under which his entries were
made. and that the society had at its dis
cretion the postponement beyond the dates
below is accordingly reversed. Below is
the syllabus:
THE SYLLABUS.
George W. Farrier, respondent, VS.. The State
Agricultural Society, appellant.
Syllabus-Under the general laws of 1885,
chapter liza, section % the State Agricultural
society is required to hold an annual state
fair, upon the grounds owned by the state, at
such times and for such period as the society
prescribes. When, in pursuance of this pro-
vision, the society has fixed the dates within
which sucn fairs shall be held and advertised
the same, exhibitors making entries of stock
and wares in pursuance OF such determine
tion are not bound to keep the same on exhi-
biton without their consent for longer
period, though the executive officers of the
society assume to extend the time and con-
tinue the fair later than the dates originally
fixed. But where persons have made entries
for the exhibition of the speed of horses SUBJ
ject to rule specially applicable thereto,
which allows such exhibitions at the option
of the society to be continued, in case of
storms, to the next fair day, and, if neces-
sary, beyond the time fixed for the regular
fair, it is held by a majority of the court that
such persons are bound by such rule as
part OF the contrac5 under which their en-
tries are made, and that the executive officers
may, postpone such contests in conformity
with such rule, and such postponement con-
stitutes no ground for the recovery of fees
/ advanced when the entries are made. Judg-
ment reversed. VANDERBURGH, J.
1ESIERDA1 > BUSINESS
The following cases were disposed of be-
! fore the supreme bench yesterday:
City of st. Paul, respondent, VS.. Phillip W.
Umstetter. appellant; appeal dismissed.
| City of st. Paul, respondent,vs ]. +. Davis,
appellant; appeal dismissed.
Alfred j. Lamberton, respondent, VS.. B. J.
Randall, appellant; appeal dismissed.
! Noyes Bros. g. Cutler respondents, VS..
Beaupre, Keogh & Co., appellants; motion to
| dismiss denied.
Andrew Erickson, respondent, vs. Jessie
Jones, appellant: order lower court affirmed.
Argued and submitted: james Sullivan, as
| treasurer of the county of Scott, appellant
vs.. William Weibeler aud Jacob Schmitt, re-
| spondeuts; james Sullivan as treasurer of
the county of Scott, appellant, VS.. Samuel
| Bowler and Jacob Schlnitt. respondents.
Motion to dismiss denied and cause con-
tinued in Samuel d. Lord, respondent. vs..
| Samuel Dearing, appellant.
! Appeal dismissed in John II. Case and John
| Mullin, appellants, vs.. Francis a. Bean and
Samuel Bean. and the Chicago, Milwaukee &
st. Paul Railway company, respondents.
COURT NOTES.
In the case Of l.. w. Hentzelman against
the Druid Relief association, in which the
| plaintiff seeks to recover money paid for in
surfing his life. Judge Wilkin has decided
that the plaintiff is entitled TO the amount of
his policy, less the amount unpaid.
Frank j. Drew has brought suit agains.
Robert j. Cosgrave i'll the district court, to
recover $500 which he claims is due him on q
real estate deal in Ashland.
The case of Christian Peglon against Her.
man Peglon was argued before Judge Kelly
yesterday. and, on motion of the defendant,
the case was dismissed.
John Bergman, the boy who assaulted
Charles Schaautz with jacknife on West
Third street Wednesday, was held for hear
ing in 500 bonds.
police court yesterday for stealing bag of
| carpenterS' TOOLS